Service contract.
Artist client contract for commissions, loans, performances and services.
Please bare in mind this an all over contract. Any thing part to do with workshops or art instillations may not be required to be adhered to for performance work, for example, sculptural loan agreements.
This Artist is chaperone licensed, DBS licensed for Minors and vulnerable people, A.N Insured and represented by the Artists Union of England.
Your Kerrie Owens of Kerrie Owens Arts, as well as any member of staff, volunteers or work experience persons working for or with Kerrie, under the same right or protections of this contract referred to as the "Artist," and [Client's Name/Company Name], referred to as the "Client," hereby enter into the following agreement:
1. Scope of Work
- Project Description: A brief overview of the project, including its purpose, objectives, and desired outcomes.
- Deliverables: A list of tangible or intangible items that the artist will produce or provide as part of the project. This may include artworks, designs, prototypes, reports, or any other agreed-upon deliverables.
- Timeline: A proposed or agreed-upon timeline indicating the start date, key milestones, and the expected completion date of the project.
- Materials and Resources: A description of the materials, tools, equipment, or resources that the artist will utilise or require for the project. This may include any specific requirements or preferences for sourcing materials.
- Services and Tasks: A detailed breakdown of the specific services or tasks the artist will perform to complete the project. This can include activities such as conceptualisation, design, fabrication, installation, maintenance, or any other relevant steps.
- Limitations and Exclusions: Any explicit limitations or exclusions to the scope of work. This helps define what is not included in the artist's responsibilities, avoiding misunderstandings or potential disputes.
- Approval Process: The process for obtaining approvals, revisions, or feedback from the client throughout the project. This may include a specified number of revision rounds or a mechanism for addressing client feedback.
2 . Payment Terms
2.1 - The Client agrees to make payment to the Artist according to the following terms:
A - A deposit of 50% is due upon signing this agreement, prior to the commencement of the project. The deposit shall be applied towards the total performance fees and will secure the Artists availability for the agreed-upon dates. In the event of cancellation by the Client, the deposit shall not be returned.
B -The remaining 50% balance shall be payable as follows upon project completion. Unless agreed in writing between client and artist on an earlier scheduled date or in full upfront before start of project.
Any sent invoices must be for filled with in Two weeks of Artist sending via email, PayPal, quickbooks or any other accounts software.
2.2 - In the event of late payment, the Client shall be liable to pay a late payment fee of 20% of the overall total agreed costs of invoice each week the payment remains outstanding beyond the agreed-upon payment due date.
2.3 - If the Client fails to make payment within two week days with out due reason or agreement in writing, from the payment due date the Artist reserves the right to suspend work on the project until payment is received in full.
2.4 - In the event of non-payment by the Client, the Artist reserves the right to pursue legal remedies to recover the outstanding amount, including but not limited to the cost of collection, attorney's fees, and court costs.
2.5 - All payments shall be made in British pound sterling unless artist is working in Scotland and then Scottish sterling will be accepted and shall include any applicable taxes or fees, as required by law.
2.6 - Any additional expenses incurred by the Artist as a result of the Client's late payment or non-payment, such as bank fees or collection agency fees, shall be the responsibility of the Client.
2.7 - Expenses: Any agreed-upon expenses incurred by the Artist, such as travel or accommodation, shall be reimbursed by the Client in accordance with prior agreement.
3. Client-Initiated Amendments
3.1 - If the Client requests amendments or changes to the project, including but not limited to modifications to the original concept, replacement of materials, or changes to the scope of work, the following provisions shall apply:
3.2 - The Artist shall assess the feasibility and impact of the requested amendments on the project timeline, materials, and overall concept.
3.3 - The Artist shall provide the Client with a written assessment detailing any adjustments required, including potential delays, extended time frames, and additional costs, if applicable.
3.4 - The Client shall review the written assessment and promptly notify the Artist in writing of their decision to proceed with or reject the proposed amendments.
3.5 - If the proposed amendments are approved by the Client, both parties shall mutually agree upon any adjustments to the project timeline, materials, and compensation, if necessary.
3.6 - The Client acknowledges that approved amendments may result in additional costs, extended time frames, or modifications to the original concept, which shall be communicated and agreed upon in writing.
3.7 - If the proposed amendments are rejected by the Client, the project shall proceed as initially agreed upon, and the Artist shall continue work according to the original scope and concept outlined in this agreement.
4. Acceptance and Inspection
4.1 - Upon delivery or installation of the Artwork, the Client shall inspect it and notify the Artist in writing of any damage or issues within 48 hours.
4.2 - Failure to notify the Artist within the 48 hour timeframe shall be deemed as acceptance of the Artwork in its delivered condition.
5. Liability for Damage
5.1 - The Client shall be solely responsible for any damage caused to the Artwork while it is in their possession or control, regardless of the cause.
5.2 - The Client shall exercise reasonable care and take necessary precautions to prevent damage to the Artwork.
5.3 - The client will be held to a three strike process by the artist for damage, miscommunication, non communication or misconduct. On the third strike the artist will hold, the right to blacklist the client in question and to hold any work currently in progress, remove any work currently residing in client possession any or refuse any future work or take legal action as necessary. Any monies due to the artist for the work so far, up to the third strike will have to be paid for to cover hours worked, materials, tool hire cost of any build space, rental cost and staff costs hired for the job.
6. Reporting damages
6.1 - In the event of any damage to the Artwork, the Client shall notify the Artist immediately in writing, providing a detailed description of the damage.
6.2 - Failure to report the damage with in 24 hours of that damage taking place will result in a damage fee at the Artist discretion and a strike against the clients name.
6.3 - Not disclosing the damage will result in added fees at the Artist discretion and a strike against the clients name.
6.4 - Covering or lying about the reason behind the damage will result in added fees at the discretion and a strike against the clients name.
6.5 - Failure to disclose information could result in legal action taken against the client.
7. Repair or restoration
7.1 - If the Artwork is damaged due to the Client's actions or negligence, the Client shall be responsible for the cost of repairs/restoration. This will include the hourly rate of the artist with a £50 per hour call out fee, plus costs for the repair/restoration, materials required for the repair/restoration, the purchase of any tools required to complete the repair/restoration, fuel or travel costs and loss of finances of orders or other clients had from being called out for said repair job.
7.2 - The Artist shall evaluate the damage, collect evidence of damage via photo and video reference and provide the Client with cost estimates for repairs or restoration, which shall be agreed upon in writing before any work commences.
7.3 - When on loan circumstances, any repairs are done in gold or silver Japanese kintsugi effect on purpose. This is to deliberately show the damage caused while in the care of that particular client that will be photographed before and after and then kept on artist record for that client. The piece will then be properly restored on its return to the Artist.
7.4 - At no point should the client attempt repair/restoration themselves, with out advise or communication from the Artist to do so. This may cause more damage and will result in an added damage fee based on the artist’s discretions.
7.5 - Attempt on the clients behalf to self repair causing more damage beyond repair could result in legal action taken against the client.
8. Cancellation of Work
- Artist Cancellation
A.8.1 - In the event that the Artist is unable to complete the commissioned work for reasons beyond their control (e.g., illness, injury, force majeure), the Artist shall promptly notify the Client in writing.
A.8.2 - In such cases, the Artist shall make reasonable efforts to find a suitable replacement artist or provide a refund of any payments made by the Client.
A.8.3 - The Client agrees to release the Artist from any further obligations or liability regarding the unfinished work.
A.8.4 - The “Artist” may terminate this Agreement without penalty in the event of:
A - Non-payment of performance fees or expenses as agreed upon in this Agreement, provided that written notice of payment default has been provided to the Client and a reasonable period for rectification has elapsed without payment being made.
B- Material breach of this Agreement by the Client, including but not limited to failure to provide the necessary resources or facilities, failure to comply with applicable laws or regulations, or any conduct that may endanger the safety or well-being of the “Artist.”
B. Client Cancellation: for artwork
B.8.1 - If the Client wishes to cancel the commissioned work, they must provide written notice to the Artist.
B.8.2 - The Client acknowledges that any deposits or payments made prior to cancellation shall be non-refundable.
B.8.3 - If cancellation occurs after the Artist has commenced work, the Client may be responsible for reimbursing the Artist for any expenses incurred up to the date of cancellation.
B.8.4 - In the event of cancellation, the Client agrees to return any materials or unfinished work provided by the Artist to the Artist.
B.8.5 - In the event that either party is unable to fulfil their obligations under this agreement due to circumstances beyond their reasonable control (e.g., acts of God, natural disasters, war, government regulations), such party shall not be held in breach of the contract. The party affected by the force majeure event shall promptly notify the other party in writing and make reasonable efforts to mitigate the impact of the event.
C . Cancellation/termination deadlines
A - Within two weeks of initial booking for an instillation/digital artwork/theatre set piece or prop.
B - One months notice prior to large scale events for music festivals corporate events, large out of town workshops needing over night bookings or over seas or long distance travel.
C- Two weeks notice for any smaller with in easy distance traveling by public transport (how ever you my still be invoiced for travel expenses if pre booked and un refundable).
D - 48 hours for smaller events, school fetes, local or charity workshops based in the Artist home area under 5 miles radius of “Artists” living or studio location.
E - Allowances can be made in agreement with the “artist” based on special or emergency circumstances or sudden unforeseen sickness/illness.
9. Communication
9.1 - The parties agree to maintain open and transparent communication throughout the duration of the project.
9.2 - The Client and the Artist shall make reasonable efforts to promptly respond to communication from the other party and provide accurate and complete information.
9.3 - In the event of miscommunication or misunderstanding, both parties shall work collaboratively and in good faith to resolve any issues and clarify the intended message.
9.4 - The Client acknowledges that timely and accurate communication is essential for the successful execution of the project and agrees to provide all necessary information and updates related to the project promptly.
9.5 - If either party becomes aware of incorrect or inaccurate information provided by the other party, they shall notify the other party without delay and work together to rectify the situation.
9.6 The parties shall document important communication, decisions, and instructions in writing to ensure clarity and avoid misunderstandings.
9.7 - In the event of a significant lack of communication or prolonged non-response, either party may issue a written notice to the other party, requesting a response within a reasonable timeframe.
9.8 If a party consistently fails to meet their communication obligations without valid reasons, the other party may have the right to terminate the agreement and seek appropriate remedies.
9.9 - failure of communication from the client, which results in termination of agreement during the projects time frame will result in fees and compensation to cover project costs and expenses.
10. Copyright and Intellectual Property:
10.1 - The Artist retains all copyright and intellectual property rights in the commissioned artwork, including any preliminary sketches, designs, or related materials.
10.2 - The Client acknowledges that they do not acquire any ownership rights or licenses to the Artist's copyrighted materials, except as expressly granted in this agreement.
10.3 - The Client shall not reproduce, modify, distribute, or use the artwork for any purpose other than as specified in this agreement without the prior written consent of the Artist.
10.4 - If the client wishes to retain the copy right to this project along side artworks, that will come at additional costs and must come in written agreement/consent/additional contract with the artist.
10.5 - If the Client wished to use designs for product, marketing, social media, for profit or any other reason, but not purchase the copyright, then an artist licence must be agree upon for use age of artwork for profit. This license must be in written consent and agreement with the artist with licence fee paid be in full be use. Or a royalty percentage can also be agreed upon in writing per item sold or on artwork usage.
10.6 - Any photographs or use of the project, materials, shop stock, performance, character, craft or artwork used in social media or marketing material must have either the artists logo, the artists name, tags/hashtags/links back to the artist social media or accounts, if possible links to artist website or shop domain.
10.7 - Any use of artists images from any social media, platform, domain with out content will be classed as a breach of copyright and intellectual property.
10.8.A - Use of the artist personal self, for example; A selfie, headshot, project shot or image taken from social media, must not be used unless with written consent of the artist.
10.8.B - How ever use of Performer's Name and Likeness: The Client may use the Performer's name and likeness for promotional purposes related to the Performances, with prior written consent.
10.9 - Any images taken by some one else using the “Artist” as following must have permissions/written consent of both photographer and model (“artist”) before use as stated by British Law. Same will apply to third part stock images or works created by the “Artist” but photographed by a third party.
10.10 - Failure to follow through on copyright laws, under British law, trademark infringement and intellectual property infringement can result in legal action taken against the client.
11. Workspace
11.1 - The Client agrees to provide a suitable workspace for the Artist to carry out the project build if it is required as part of a big build or community project or agreed upon as part of the project specs, grant application, as part of community outreach requiring public access or workshop facilities to clients requirements or artist needing specialist or specific space to the project.
11.2 - The workspace shall meet acceptable health and safety standards, including proper ventilation, lighting, cleanliness, fire exist, fire protection, correct hygiene facilities, toilet facilities, electrical checks and security.
11.3 - The Client shall ensure that the workspace is free from any hazards that may pose a risk to the Artist's safety or personal well-being.
11.4 - The Artist reserves the right to refuse to work in a workspace that poses an unacceptable risk to their health and safety.
10.5 - In the event that the Client fails to provide a suitable workspace or if the provided workspace becomes unsafe or unsuitable, the Artist shall notify the Client in writing.
11.5 - Upon receiving notice, the Client shall promptly address any issues or provide an alternative workspace that meets the required standards.
11.7 - If the Client fails to provide a suitable workspace or does not take appropriate action to rectify any issues within a reasonable timeframe, the Artist may have the right to terminate the agreement and seek compensation for any losses incurred.
12. Abuse and Harassment
12.1 - The parties acknowledge the importance of maintaining a respectful and professional working relationship. Any form of abuse, harassment, bullying, or intimidation by either party or their representatives is strictly prohibited.
12.2 The Client agrees to provide a safe and inclusive working environment for the Artist, free from any form of abusive behavior or harassment.
12.3 In the event that the Artist experiences bullying, harassment, or abusive behavior from the Client, the Artist may, at their discretion, terminate this agreement immediately and seek legal remedies.
12.4 - This will also include any issues concerning slander, false, misleading, defamatory statements, whether oral or written, that may harm the reputation, character, or business interests of the the Artist. This is including but not limited to statements made to third parties, text messaging, email, written statements, through public forums, or on social media platforms.
12.5 - In the event that a party becomes aware of any defamatory statements made by the other party, they shall promptly notify the offending party in writing, requesting the retraction or removal of such statements.
12.6 - The parties agree to address any concerns or complaints regarding abuse, harassment or slander in a timely and fair manner. The offending party shall cooperate fully in any investigation conducted by the appropriate authorities.
12.7 - The Artist reserves the right to refuse or terminate the project if they reasonably believe that their physical or mental well-being is at risk due to abusive or harassing behavior.
12.8 - Any termination due to abuse or harassment shall not relieve the Client of their obligation to make any outstanding payments due to the Artist as per the terms of this agreement.
12.9 - In the event of a breach of this clause, the Artist may seek appropriate legal remedies, including injunctive relief and monetary damages, as permitted by law.
12.10 - This clause shall survive the termination or expiration of this agreement and continue to be binding.
13. Artist personal Safety
13.1 - The Artist reserves the right to work in an environment free from any form of sexual harassment, verbal/physical/mental abuse, misconduct, or wrongful communication via any form of communication.
13.2 - The Client and their staff shall maintain professional behavior and refrain from engaging in any actions or communication that may be considered offensive, inappropriate, or harmful.
13.3 - the Artist may suspend work until appropriate measures for Artist safety are implemented.
13.4 - In the event that the Artist experiences any form of sexual harassment, abuse, misconduct, or wrongful communication from the Client or their staff, the Artist may terminate the contract immediately by providing written notice to the Client.
13.5 -Termination under such circumstances shall not relieve the Client of their financial obligations and responsibilities as outlined in this agreement.
13.6 - The Artist shall have the right to pursue legal recourse, including but not limited to filing complaints or taking legal action, pressing/filing police charges, to seek appropriate remedies for any harm caused by the Client or their staff.
13.7 - Any legal, medical or financial expenses incurred by the Artist as a result of pursuing legal recourse, medical care NHS or Private care or inability to work due to the actions above shall be the responsibility of the Client.
In the event of a breach of this clause, the Artist may seek appropriate legal remedies, including injunctive relief and monetary damages, as permitted by law.
13.8 - This clause shall survive the termination or expiration of this agreement and continue to be binding.
13.9 - The “Artist” is working with minors, special needs, vulnerable peoples, at risk peoples, then the Client must supplied the legal amount of DBS, chaperone checked persons for minors (under 18), licensed careers for special needs/vulnerable and at risk and guards/wardens for person or prison/parole/rehabilitation based persons. As stated under British law and child protections laws.
14. Security:
14.1 - Client Responsibility: The Client shall ensure the safety and security of the “Artist” during the any form of work undertaken. This includes providing a safe working environment and taking necessary precautions to prevent unauthorised access to the working areas.
14.2 - Key Holder Responsibility: In the event that the “Artist” is required to be a key holder or is left alone in the Client's building or premises, the Client shall provide proper training and instructions regarding security procedures, emergency exits, and contact information for relevant personnel.
14.3 - Personal Safety: The Client shall take reasonable measures to protect the personal safety of the “Artist” while on the Client's premises, including but not limited to providing adequate lighting, security personnel, or other necessary security measures.
14.4 - Liability: The Client shall be held responsible for any loss, damage, or injury suffered by the “Artist” as a result of inadequate security measures or failure to comply with applicable safety standards.
14.5 - Indemnification: The Client agrees to indemnify and hold the “Artist” harmless against any claims, losses, or expenses arising out of or related to personal injury or harm suffered by the “Artist” while on the Client's premises, except to the extent caused by the “Artist” own negligence or misconduct.
14.6 - Intruders or Unauthorised Personnel: In the event of the presence of intruders or unauthorised personnel in the working area, the “Artist” shall have the right to cease the any work and evacuate the premises, with no obligation to resume or complete the scheduled work until the situation is resolved to the “Artist’s” satisfaction.
15. Disability Accommodation
15.1 - The Client acknowledges and respects the Artist's disability and agrees to make reasonable accommodations to facilitate the Artist's ability to perform the commissioned work.
15.2 - The Artist shall provide the Client with any necessary information or documentation regarding their disability and the specific accommodations required, in a timely manner.
15.3 - The Client agrees to engage in good faith discussions with the Artist to determine suitable accommodations, taking into consideration the Artist's health needs and the project requirements.
15.4 - The Client shall make reasonable efforts to provide a workspace that is accessible and meets the Artist's disability-related needs, including considerations for physical accessibility, ventilation, and lighting.
15.5 - The Artist shall notify the Client promptly of any specific accommodations or adjustments required due to their disability.
15.6 - The parties shall work together in a collaborative manner to ensure that the Artist's disability-related needs are met, while also considering the successful completion of the project.
15.7 - The Client shall not discriminate against the Artist based on their disability and shall make every effort to create an inclusive and supportive working environment.
15.8 - In the event that a dispute arises regarding disability accommodations, the parties agree to engage in mediation or other alternative dispute resolution methods to resolve the matter amicably.
15.9 - Client, please note the equalities act of 2010, disabilities discriminations act of 2005 under UK Law still apply.
In the event of a breach of this clause, the Artist may seek appropriate legal remedies, including injunctive relief and monetary damages, as permitted by law.
15.10 - This clause shall survive the termination or expiration of this agreement and continue to be binding.
16. Theft
16.1 - The Client shall ensure the security of the Artist's tools, materials, and personal items provided for the project within the designated workspace.
16.2 - The Client shall take reasonable measures to prevent theft or unauthorised access to the Artist's tools, materials, and personal items.
16.3 - The Client shall be responsible for any theft, loss, or damage incurred to the Artist's tools, materials, or personal items within their premises caused by the Client, their staff, or outside visitors.
16.4 - In the event of theft or unauthorised access to the Artist's tools, materials, personal items, or the project itself, the Client shall promptly notify the Artist and provide any available information or evidence, police ID, crime numbers and insurance details relating to the incident. Along side a written course of action being taken by the client.
16.5 - If theft or unauthorised access occurs within the Artist's designated workspace or project build area, the Artist may suspend work until appropriate security measures are implemented.
16.6 - The Client acknowledges that any theft, loss, or damage caused to the Artist's tools, materials, personal items, or the project itself may result in additional costs, delays, or termination of the contract at the discretion of the Artist.
16.7 - The artist will hold the right to press police charges against the client, staff member or site visitors for issues of theft. Also the right to legal action if necessary.
17. Entire Agreement:
17.1 - This agreement constitutes the entire understanding between the Artist and the Client regarding the commissioned artwork and supersedes any prior agreements, whether written or oral, relating to the subject matter herein.
18. Waiver
18.1 - The failure of either party to enforce any provision of this agreement shall not be deemed a waiver of that provision or any other provision, and such failure shall not affect the validity or enforceability of the remaining provisions.
19. Governing Law
19.1 - Please be aware this artist is signed with the artist Union UK and A.N (artist network).
19.2 - This agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
19.3 - Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.